The Patna High Court granted bail to the petitioner in a Surety case, ordering his release on a bond of Rs. 10,000 with two sureties, citing trial delays and the petitioner's mental health concerns.
Release of the petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6949 of 2023
Arising Out of PS. Case No.-462 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga
====================================================== Chandrashekhar Yadav @ Chandra Shekhar Yadav Son of Jai Narayan Yadav @ Jaynarayan Singh @ Jay Narayan Singh R/v- Mishroulia, P.S.- Darbhanga Sadar, District- Darbhanga
... ... Petitioner/s Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rohit Kumar, Advocate Mr. Manish Kumar No. 13, Advocate Ms. Priti Kumari, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
3 22-03-2023 Heard learned counsel for the petitioner and Shri Ganesh Prasad Singh, learned A.P.P. for the State.
This is the second attempt of the petitioner to seek bail as earlier his bail application was rejected vide order dated 22.02.2022 in Cr. Misc. No. 42845 of 2021.
Learned counsel for the petitioner submits that the bail application of the petitioner was rejected solely on the ground that he is the husband of the deceased, when the deceased had committed suicide. It is further submitted that petitioner is in custody since 10.10.2020 and till date the trial has not progressed and accordingly by order dated 01.02.2023, a report was called for from the learned trial court.
Patna High Court CR. MISC. No.6949 of 2023(3) dt.22-03-2023 2/3
It is next submitted that the report of the learned trial court is on record and from perusal of the same it manifests that charges were framed on 20.02.2021, altogether five witnesses are there to be examined out of whom only one witness has been examined and bailable warrant of arrest has already been issued against non-official charge-sheet witnesses, further a letter to the SSP, Darbhanga for procuring their attendance has also been issued but the prosecution has failed to examine any of them till date. It is further submitted that the report also records that during the course of trial the jail authorities have prayed for treatment of accused/petitioner in DMCH, Darbhanga with regard to his mental disease
It appears that the witnesses are not coming forward despite issuance of bailable warrant of arrest and the petitioner is also suffering as it has come in the report of the learned Xth Additional Sessions Judge, Darbhanga contained in Letter No. 140/2023 dated 06.02.2023.
Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.6949 of 2023(3) dt.22-03-2023 3/3
(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sadar P.S. Case No. 462 of 2020, Sessions Trial No. 24 of 2021.
(Satyavrat Verma, J)
Rishi2/-
U T
1 issue framed by the court
Whether the petitioner, in custody since 2020 with pending mental treatment, should be granted bail despite previous rejection.
Chandrashekhar Yadav
THE STATE OF BIHAR
SATYAVRAT VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
